Author Archives: Deborah Elkins

A divorce court did not err in classifying a parcel of land purchased by the couple during the marriage as hybrid property and in assessing the value of husband’s separate interest in the land, and the Court of Appeals upholds ...

The Court of Appeals cannot hear a father’s appeal of an emergency protective order that barred him from receiving school and medical records about his child, who was removed from the home at a young age due to his parents’ ...

Although mother claimed that back surgery after her car wreck had corrected a problem that had prompted charges of abuse and neglect of her six children and led to their removal from her home, the Court of Appeals upholds termination ...

A defendant charged with obtaining money by false pretenses did not preserve his claim that his plea of no contest was not entered voluntarily, intelligently and knowingly, and the Court of Appeals finds no miscarriage of justice in declining to ...

Although defendant contends the passenger on his motorcycle was killed when an unidentified vehicle turned illegally in front of him and the passenger failed to hold onto him because she was intoxicated, there was evidence defendant also had a blood ...

The Court of Appeals reverses defendant’s conviction of grand larceny of scrap metal where the evidence does not show that the scrap metal in the vehicle in which he was a passenger was the same scrap metal that had been ...

A divorce court did not abuse its discretion in awarding custody of the parties’ five-year-old daughter to wife, even though husband got custody of the two older children, the Court of Appeals says. In awarding wife $800 in monthly child ...

A defendant convicted of second-degree murder loses his case in the Court of Appeals claiming the trial court erred in granting a jury instruction that incorrectly defined felony homicide and allowed the jury to convict him of a “non-offense.” There ...

A divorce court was not plainly wrong in imputing to wife, who had been a full-time homemaker, monthly income of $500 and the decision to increase wife’s monthly spousal support from $4,000 to $5,000 is affirmed by the Court of ...

The Court of Appeals affirms an equitable distribution award that gave wife the marital home that was purchased with a $9,000 down payment from wife’s separate property and on which wife continued to make mortgage payments. Wife was the only ...